Court Rules

San Diego Superior Court Service and Proof of Service Rules

61 rules from official source documents

Rules 51 to 61, page 2 of 2

E-service, mail, personal service, proof of service, certificate, and timing requirements.

WARNING

In small claims and civil restraining order cases, written remote-appearance notice is optional; if given in writing, Form RA-010 must be filed and served, and oral notice may instead be given in open court at the start of proceedings.

Written notice of a remote appearance is permitted, but not required for small claims and civil restraining order cases, including evidentiary hearings and trial. If notice is in writing, the party must file and serve a “Notice of Remote Appearance” (JC Form #RA-010). Oral notice of a remote appearance may be given in open court at the commencement of proceedings.

Court-level rulesOfficial source

WARNING

Failure to exchange evidence may result in the court declining to consider it.

Failure to exchange evidence may result in the court not considering that evidence.

Court-level rulesOfficial source

WARNING

Untimely exchange of evidence may result in the court declining to consider it.

Failure to timely exchange evidence may result in the court not considering that evidence.

Court-level rulesOfficial source

WARNINGCivil cases

Service
Publication

Affidavits for service by publication will be scrutinized for reasonable diligence in attempting service by another manner, per CCP § 415.50(a).

Affidavits will be scrutinized to determine whether the applicant has been reasonably diligent in attempting service in another manner, as required by Code of Civil Procedure (CCP) § 415.50(a).

Judge Judy S. Bae

WARNINGCivil cases

If the parties are unable to agree on a date, the IDC should be scheduled with at least five (5) days' notice to the opposing party.

If the parties are unable to agree on a date, the IDC should be scheduled with at least five (5) days' notice to the opposing party.

Judge Judy S. Bae

WARNINGCivil cases

All exhibits, demonstrative aids, and other material for opening statements must be shared with opposing counsel in advance.

All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.

Judge Loren G. Freestone

WARNING

To the extent possible, each party must provide a remote witness with a hard copy of any exhibit the witness will view during testimony before the witness testifies.

Each party shall, to the extent possible, provide a hard copy of any exhibit it intends to have a witness appearing remotely view during that witness’s testimony to the witness in advance of the time the witness testifies. Advance planning is essential.

Judge Marcella O. McLaughlin

WARNINGCivil cases

Service
Publication

Applications for orders to serve by publication may be submitted without an appearance; supporting affidavits are scrutinized for compliance with CCP 415.50(a).

Applications requesting an order to serve by publication may be submitted for review without an appearance. Affidavits will be scrutinized to determine whether the applicant is in compliance with Code of Civil Procedure section 415.50, subdivision (a).

Judge Mark T. Cumba

WARNINGCivil cases

Exhibits and demonstrative aids used in opening statements must be shared with opposing counsel in advance.

All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.

Judge Mark T. Cumba

WARNING

Each party is responsible for properly and timely serving non-party witnesses with subpoenas; the Court will not do so.

Each party is responsible for ensuring that their non-party witnesses (who are not voluntarily appearing) are properly and timely served with subpoenas, according to law and the Court's rules. The Court does not do this itself.

Judge Pamela M. Parker

INFOCivil cases

Service
Publication

Applications for an order to serve by publication may be submitted for review without an appearance.

Applications requesting an order to serve by publication may be submitted for review without an appearance.

Judge Judy S. Bae